C & S Golf & Country Club Corp. v. Stevens
Opinion of the Court
In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Zoning Appeals of the Incorporated Village of Muttontown, dated July 14, 1975, which, after a hearing, denied petitioner’s application, inter alia, for a continuation for five years of a three-year special use permit allowing it to maintain and operate a profit-making country club, the appeal is from a judgment of the Supreme Court, Nassau County, entered July 9, 1976, which (1) annulled the determination (except insofar as it granted petitioner’s request to reduce a previously imposed set-back requirement for existing outdoor tennis courts) and (2) remitted the matter to the board "for further hearing and proceedings, on an application for a use variance and related and incidental relief, following which said Board * * * shall issue a new decision.” The appeal also brings up for review an order of the same court, dated January 16, 1976, which denied the board’s preanswer motion to dismiss the petition on the ground that it did not state facts sufficient to entitle the petitioner to the relief prayed for therein. Judgment modified, on the law, by deleting from the second decretal paragraph thereof the following words: "on an application for a use variance and related and incidental relief’, and by substituting therefor the following words at the end of said paragraph: "based on the circumstances of the case, taking into account v whether the petitioner is entitled to relief on the ground of vested rights.” As so modified, judgment affirmed, without costs or disbursements. In March, 1972 the board granted to the petitioner-respondent "a three (3) year temporary special use permit to maintain and operate a profit making country club” on certain premises then in use as a golf and country club. In March, 1975 the petitioner applied to the board for a three-year extension of that permit. (The application was amended so as to seek a five-year exten
Case-law data current through December 31, 2025. Source: CourtListener bulk data.